Jeffress Says Home Offices Are Not Covered by OSH Act

(January 27, 2000) Assistant Secretary of Labor for Occupational Safety and Health submitted a statement to the House Education and Workforce Committee's Subcommittee on Oversight and Investigations on January 26 in which he stated that "OSHA will not hold employers liable for work activities in employees' home offices."

The Occupational Safety and Health Administration (OSHA) set off a firestorm of criticism early this month with an advisory opinion which stated that:

"The OSH Act applies to work performed by an employee in any workplace within the United States, including a workplace located in the employee's home. All employers, including those which have entered into "work at home" agreements with employees, are responsible for complying with the OSH Act and with safety and health standards."

Teleworkers, companies which employ teleworkers, and groups trying to reduce automobile traffic congestion and pollution were upset. Secretary of Labor Alexis Herman promptly issued a short statement withdrawing the advisory opinion.

Charles Jeffress explained in his statement that "Our internal clearance mechanisms for reviewing such letters failed to raise this issue to the appropriate level."

Jeffress did not go so far as to state that OSHA would not regulate homes. He stated that "There is no provision in the law that excludes workplaces that are located in a home."

Rather, "OSHA holds employers responsible only for work activities in home workplaces other than home offices, for example, where hazardous materials, equipment, or work processes are provided or required to be used in an employee's home."

He cited several cases where the OSH Act would apply to people working at home. For example, he stated that "investigations in California last year revealed that at least a dozen Silicon Valley electronics manufacturers had assigned piece work assembly to employees working in their homes. The operations commonly involved the use of lead solder and acid flux, and investigators found the home workers unprotected from hazards relating to the inhalation of soldering fumes."

He made several points about OSHA's decision not to regulate home offices. He stated:

"1. We believe the OSH Act does not apply to an employee's house or furnishings;

2. OSHA will not hold employers liable for work activities in employees' home offices;

3. OSHA does not expect employers to inspect home offices;

4. OSHA does not, and will not, inspect home offices;"

Jeffress also stated that the Labor Department is still studying the issue of teleworking. He said that "Secretary Herman has announced a national dialogue on telecommuting. The Secretary has had talks with individual labor and business leaders over the past three weeks, and she will continue to meet with a variety of individuals to explore the broad social and economic effects of telecommuting. In addition, at Secretary Herman's request, the National Economic Council plans to convene an interagency working group that will include the Department of Commerce, the Small Business Administration, and other agencies to examine these issues."